(영문) 수원지방법원평택지원 2017.10.17 2016가단10556

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(영문) 수원지방법원평택지원 2017.10.17 2016가단10556

근저당권설정등기말소 등

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1. The Defendant (Counterclaim Plaintiff) paid KRW 8,260,097 from the Plaintiff (Counterclaim Defendant) and its payment from January 4, 2014.

Reasons

1. The assertion of the party executives

A. The Plaintiff asserted that on April 29, 2005, the Plaintiff borrowed KRW 10,000,000 from the Defendant as interest rate of KRW 5.5% per month, and the Plaintiff actually received KRW 7,700,000 from the Defendant as interest rate of KRW 2,70,000.

The Plaintiff paid interest of KRW 300,000 to the Defendant several times, and paid the principal on February 20, 2007, KRW 5,000,000, and KRW 5,000 on March 30, 2007, and agreed with the Defendant to pay the remainder of interest in arrears at KRW 3,30,000. The Plaintiff paid KRW 3,300,000 to the Defendant, and then appropriated the loan to pay the amount of KRW 7,30,000,000 to the Defendant. Rather, the Plaintiff paid the Defendant in excess of KRW 1,468,242.

Therefore, the defendant is obligated to cancel the provisional registration stated in the order and the registration of establishment of a neighboring mortgage in order to secure the above loan funds to the plaintiff and pay 1,468,242 won and damages for delay.

In addition, the defendant's loan claims against the plaintiff were expired by the five-year statute of limitations.

Therefore, the defendant is obligated to cancel the provisional registration stated in the order and the registration of establishment of a neighboring mortgage established in order to secure the above loan funds for the plaintiff.

B. On April 29, 2005, the Defendant claimed that KRW 10,000,000 was due and lent to the Plaintiff on November 10, 2014, and 5.5% per interest month, the Defendant made a provisional registration as stated in the order to secure this.

The Defendant was paid KRW 15,400,000 from June 8, 2005 to June 30, 2007 by the Plaintiff, and the Defendant is obligated to pay the principal and interest remaining after appropriation for performance of obligation of KRW 8,745,980, as well as the annual 66% from July 1, 2007 to March 22, 2008, annual 49% from March 23, 2008 to July 20, 201, annual 44% from July 21, 201 to June 26, 201, and annual 39% from June 27, 201 to the date of full payment.

2. Determination

(a) the absence of dispute, A.

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